Protection & Copyright Infringement

Protection & Copyright Infringement

Primary infringement of copyright occurs whenever a person does something which is within the exclusive right of the copyright owner without consent. The most commonly infringed right is the owner’s exclusive right to reproduce in a material form any substantial part of a protected work. Reproduction requires that a work is copied either directly or indirectly, but does not apply to works that are produced independently, no matter how similar. Further, where a part of a work is copied, it must be a substantial part, with a view more towards quality than quantity.

There are exceptions to excuse otherwise infringing acts. For example, an otherwise infringing act may fall under the "fair dealing" exception if the copying is for a listed purpose such as research or private study, education, criticism or review, satire or news reporting, and the dealing is considered fair in purpose, character, amount, nature and effect.

International Protection

Copyright protection in Canada is extended to Canadian citizens and citizens of countries that are parties to certain international treaties (or people who are ordinarily resident of those countries). These treaties provide reciprocal copyright protection for Canadians in treaty countries such as the United States and Europe.